Introduction
Psychological complaints such as burnout and depression are frequently linked to working conditions. But when is an employer liable for damages? This blog uses recent case law to explain which rules apply and why it is difficult to prove liability in practice.
The case: burnout at Samsung
A Samsung employee claimed that she suffered burnout and depression due to workplace conditions. She indicated that she was bullied and harassed and that Samsung did not handle her illness carefully. Samsung denied any liability and claimed that there was no connection between the working conditions and the health complaints.
Both the District Court and the Court of Appeal rejected the employee's claims: it had not been proven that she had worked under conditions that were harmful to her health. The employee then appealed to the Supreme Court.
Supreme Court ruling
The Supreme Court ruled as follows:
- An employer has a duty of care to prevent harm to employees' health.
- Thus, an employer may be liable for psychological damages, such as burnout or depression.
- But: the employee must prove:
- The damage occurred during operations.
- The damage results from harmful working conditions.
This evidence must be supported by clear, objective medical reports in which doctors not only describe the medical condition, but have also investigated the actual working conditions. In practice, employees rarely succeed in proving this fully.
Why is liability difficult to prove?
Psychological complaints such as burnout often arise from a complex interplay of factors: work pressure, private situation, character traits. This makes it difficult to establish a direct and exclusive link to working conditions. Judges are cautious and set strict requirements for evidence.
Conclusion
Employers must be vigilant and provide a safe, healthy workplace. Employees seeking to recover damages must provide well-supported medical and factual documentation. Without hard evidence, it is virtually impossible to achieve success in liability lawsuits.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about burnout liability. Please feel free to contact us .
April 2025
